News & Analysis as of

Flow Down Clause

Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements

by Reed Smith on

The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of...more

Top Ten Construction Clauses: Pay-if-Paid and Pay-when-Paid Clauses

by Saul Ewing LLP on

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner. The ConsensusDocs Standard Agreement 655 provides the following example: Receipt...more

Protecting Your Prime and Subcontract or Strategic Relationship

by PilieroMazza PLLC on

In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments -...more

Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

by Foley & Lardner LLP on

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit...more

Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts

by Snell & Wilmer on

Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more

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